Following tribal customs regarding the collection of blood money from tribes, if the amount collected exceeds the prescribed blood money, what is to be done with it?
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Q: My tribe has a gathering on Thursday, corresponding to 14 Rabi' al-Awwal 1424 AH, and they will discuss a topic on which opinions have differed and debate has increased. Some have expressed its permissibility, and some have expressed its impermissibility. We desire your Eminence to answer it so that it may be presented to everyone and the existing dispute resolved. The topic is: One of the tribe's sons was involved in a traffic accident about three years ago, in which many casualties occurred from both sides, and the tribe bore
The blood money of the other party, which amounted to (350,000 riyals). The tribe was unable to pay it off, which forced them to set up a camp called (al-Maghram) to receive aid from neighboring tribes to help them. This camp lasted about ten days. The amount of money collected was (584,000 riyals), in addition to in-kind aid in the form of camels and sheep. Approximately (180,000 riyals) remained with the tribe. They then placed it in an account at one of the banks, intended to help the tribe when any accident occurs. The trustees of these funds engaged in murabahah (cost-plus sale) with it, specifically regarding the installment purchase of cars, according to the report. The question, may Allah protect you, is: 1. What is the ruling on that surplus? 2. If it is permissible, what is the ruling on engaging in murabahah with it? 3. If it is not permissible, what should be done with it; should it be spent on charitable projects or what? Please give us a decisive fatwa, and may Allah reward you.
A: If it is possible to return the surplus amount to those who paid it without any difficulty, that is preferable. If it is not possible, keep that amount to be spent on cases similar to the one for which the amount was paid, or to help the tribes that previously helped the questioner's tribe if something happens to them that requires assistance, following the custom of those tribes. It is permissible to develop the amount in question by any means of permissible development. It is the right of the one who develops it to take a percentage of the profits according to what custom requires. It is the same whether the trustees mentioned in the question develop it or they pay it to others for the same purpose.
It is permissible to develop the amount in question by any means of permissible development. It is the right of the one who develops it to take a percentage of the profits according to what custom requires. It is the same whether the trustees mentioned in the question develop it or they pay it to others for the same purpose.
The blood money of the other party, which amounted to (350,000 riyals). The tribe was unable to pay it off, which forced them to set up a camp called (al-Maghram) to receive aid from neighboring tribes to help them. This camp lasted about ten days. The amount of money collected was (584,000 riyals), in addition to in-kind aid in the form of camels and sheep. Approximately (180,000 riyals) remained with the tribe. They then placed it in an account at one of the banks, intended to help the tribe when any accident occurs. The trustees of these funds engaged in murabahah (cost-plus sale) with it, specifically regarding the installment purchase of cars, according to the report. The question, may Allah protect you, is: 1. What is the ruling on that surplus? 2. If it is permissible, what is the ruling on engaging in murabahah with it? 3. If it is not permissible, what should be done with it; should it be spent on charitable projects or what? Please give us a decisive fatwa, and may Allah reward you.
A: If it is possible to return the surplus amount to those who paid it without any difficulty, that is preferable. If it is not possible, keep that amount to be spent on cases similar to the one for which the amount was paid, or to help the tribes that previously helped the questioner's tribe if something happens to them that requires assistance, following the custom of those tribes. It is permissible to develop the amount in question by any means of permissible development. It is the right of the one who develops it to take a percentage of the profits according to what custom requires. It is the same whether the trustees mentioned in the question develop it or they pay it to others for the same purpose.
It is permissible to develop the amount in question by any means of permissible development. It is the right of the one who develops it to take a percentage of the profits according to what custom requires. It is the same whether the trustees mentioned in the question develop it or they pay it to others for the same purpose.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.